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'In this Interregnum' : dialectical themes in the critique of criminal justice

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Carvalho, Henrique and Norrie, Alan W. (2017) 'In this Interregnum' : dialectical themes in the critique of criminal justice. Social & Legal Studies, 26 (6). pp. 716-734. ISSN 0964-6639.

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Official URL: https://doi.org/10.1177/0964663917726839

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Abstract

In this article, we offer a critical examination of the long and rich history of criminal justice scholarship in the pages of Social & Legal Studies. We do so by identifying and exploring a dialectical tension in such scholarship, between the recognition of the role of criminal justice as an instrument of violence, exclusion and control on the one hand, and the effort to seek, through or perhaps beyond the critique of criminal justice, an emancipatory project. We explore this tension by examining four areas in scholarship: popular justice, social control and governmentality, gender and sexuality, and transitional justice. Relating forms of critique to the historical development of a unipolar political world order from the time of the journal’s inception, we argue that the criminal justice scholarship in Social & Legal Studies positions it, like the world it describes, in a sort of ‘interregnum’. This is a place where the tension between the two poles of emancipation and control is evident, but shows few signs of resolution. Each of the four themes displays a different critical perspective, one that reflects a different response to living in a world where legal, social and political emancipation struggles against the weight and direction of history. Critique nonetheless reflects on criminal justice to reaffirm the need for emancipatory change and consider how it may be achieved.

Item Type: Journal Article
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law [Moys] > KM Common Law, Public Law
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Criminal law, Criminal justice, Administration of
Journal or Publication Title: Social & Legal Studies
Publisher: Sage Publications Ltd.
ISSN: 0964-6639
Official Date: 1 December 2017
Dates:
DateEvent
1 December 2017Published
16 November 2017Available
25 July 2017Accepted
Volume: 26
Number: 6
Page Range: pp. 716-734
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access
Copyright Holders: Henrique Carvalho, Alan Norrie
Date of first compliant deposit: 20 September 2017
Date of first compliant Open Access: 20 September 2017

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